US Nonimmigrant Work Visas

The US offers several nonimmigrant visa categories for temporary work authorization. Each has specific requirements, numerical caps, duration limits, and portability rules. Understanding these distinctions is essential for employers and workers navigating employment-based immigration.

H-1B Specialty Occupation Visa

H-1B visas are for workers in specialty occupations requiring at least a bachelor's degree or equivalent. This is the most common employer-sponsored work visa for professional roles.

Requirements: The position must qualify as a specialty occupation—typically requiring a bachelor's degree or higher in a specific field. The worker must possess that degree (or equivalent through experience and education). The employer must pay the higher of actual wage or prevailing wage for the role and location. The employer must file a Labor Condition Application (LCA) with the Department of Labor attesting to wage and working conditions.

Annual cap: 65,000 visas plus 20,000 for US master's degree holders. Demand typically far exceeds supply, requiring a lottery in April for October start dates. Cap-exempt employers (universities, nonprofits affiliated with universities, government research organizations) aren't subject to the cap.

Duration: Initial approval up to 3 years, extendable to 6 years total. Extensions beyond 6 years possible if immigrant petition (PERM) filed before 5th year and still pending, allowing extensions in 1-year increments.

Portability: H-1B portability allows changing employers after the new employer files an H-1B petition, even before approval, if the prior H-1B was valid. The new employer's petition must be non-frivolous and properly filed. This portability window provides mobility but requires careful timing.

Dependent employer rules: Employers with more than 15% H-1B workers face additional obligations—attestation of not displacing US workers and good faith recruitment. "H-1B dependent" status triggers heightened scrutiny and requirements.

Common issues: Wage compliance violations, LCA posting requirements, material changes not reported, and maintaining specialty occupation requirements when roles evolve. Employers must maintain public access files documenting compliance.

L-1 Intracompany Transferee Visa

L-1 visas allow multinational companies to transfer executives, managers, or specialized knowledge workers from foreign offices to US offices. This visa requires an existing employment relationship with the foreign company.

L-1A is for executives and managers. Duration up to 7 years. L-1A holders often pursue EB-1C green cards (manager/executive category) without labor certification.

L-1B is for specialized knowledge workers—those with knowledge of company products, processes, or procedures that is valuable and not readily available in the US labor market. Duration up to 5 years. L-1B requires demonstrating specialized knowledge beyond general industry knowledge.

Requirements: One year of continuous employment with the foreign company in the three years before transfer. The foreign and US entities must have qualifying relationship (parent, subsidiary, affiliate, branch). The US entity must be or will be doing business (providing goods or services, not merely having an office). L-1A requires managerial or executive capacity in foreign role and similar role in US. L-1B requires specialized knowledge.

Blanket L-1 allows approved companies to transfer employees without individual petitions, speeding the process for frequent users. Companies qualify based on volume, size, and track record.

New office L-1 allows opening a US office and transferring a manager/executive or specialized knowledge worker, but initial approval is limited to one year with extension requiring demonstration of US operations.

Common issues: Proving qualifying relationship between entities, demonstrating specialized knowledge for L-1B (USCIS scrutinizes this closely), showing the US entity is doing business beyond mere existence, and maintaining continuity of employment during processing.

O-1 Extraordinary Ability Visa

O-1 visas are for individuals with extraordinary ability or achievement in sciences, arts, education, business, or athletics, or for those with a record of extraordinary achievement in motion pictures or television.

O-1A covers sciences, education, business, or athletics. Requires meeting at least 3 of 8 criteria: receipt of major prizes, membership in exclusive associations, published material about the person, judging work of others, original contributions, scholarly articles, critical employment in distinguished organizations, or high salary/remuneration.

O-1B covers arts, motion pictures, or television. Requires demonstrating distinction (recognized prominence) and meeting criteria like leading/critical roles, commercial success, recognition from organizations, high salary, or major media coverage.

Requirements: Extraordinary ability must be demonstrated through sustained national or international acclaim. Petitions require extensive documentation—awards, publications, media coverage, peer recognition, etc. The O-1 standard is higher than H-1B specialty occupation. An O-1 beneficiary can work for multiple employers if each files a petition, unlike most work visas tied to a single employer.

Duration: Up to 3 years initially, extendable in 1-year increments without limit as long as the activity continues.

No cap: O-1 visas aren't subject to numerical limits and can be filed year-round with premium processing available.

Common issues: Meeting the "extraordinary ability" standard (higher than "highly qualified"), assembling sufficient documentary evidence, demonstrating sustained acclaim rather than recent achievements alone, and distinguishing O-1A from O-1B requirements.

TN NAFTA Professional Visa

TN (Treaty NAFTA, now USMCA) visas allow Canadian and Mexican citizens in certain professions to work in the US. The list of qualifying professions is specific (engineers, scientists, accountants, management consultants, etc.).

Requirements: Canadian citizens can apply at ports of entry with documentation; Mexicans require prior visa issuance. The profession must match the approved list. The position must require that profession. Educational requirements vary by profession but must be met.

Duration: Up to 3 years, indefinitely renewable. No numerical cap. Family members (spouses, children under 21) get TD status but cannot work unless they qualify independently.

Simplified process: No labor certification, no prevailing wage requirements, faster processing than H-1B. However, TN is temporary with no direct path to permanent residence—must pursue other categories.

Common issues: Proving profession matches the approved list precisely, demonstrating the role requires that profession, and understanding that TN doesn't lead directly to green cards (requires changing to H-1B or other immigrant categories).

Visa Comparison

Cap-subject: H-1B (65,000+20,000). L-1, O-1, TN have no caps.

Duration limits: H-1B (6 years), L-1A (7 years), L-1B (5 years), O-1 (unlimited), TN (indefinite renewals).

Premium processing: Available for H-1B, L-1, O-1 (15 calendar days). Not available for TN.

Portability: H-1B has portability rules. L-1, O-1, TN require new petitions for employer changes.

Green card path: H-1B and L-1 commonly lead to employment-based green cards. O-1 can lead to EB-1A (extraordinary ability). TN requires changing to another category first.

Employer obligations: H-1B has extensive obligations (LCA, public access files, prevailing wage). L-1, O-1, TN have fewer ongoing obligations.

For employer sponsorship processes, premium processing options, and status maintenance requirements, see US Immigration Processes Primer.